Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-10-28
LAMENT ON THE WRIT
.,su,s Court at Washington
fbe sup ceuuseI for the Condemned
Bssfs osis,s fer Writ Of Error.
TO Prove Error In tho
81 S ""uTt below. bat Only TO Prove
a Coz aict.
HOPELESS CASE.

81
,.he Gazette.
spsc!al " Ton O3t. 27.-When the doors OF
Z fSsHlNo.s supreme court chambers were
ratsd o'a' title after IL O'Clock this morning
b ooeped 81 aa,ors found q crowd outside such as
ne d0orEs ger seen there before for Year,. l.
tss not D - ,noments before all the standing
sss bn' "a the seats allotted to the general
Il rogn 81 occunIei The crowd filled the
Il ,s5c was ~ lido S, but still more came.
dOOf; has has been no greaoer t ts a a.
TbsIe n noe court since the SEES
ne suPiSne electoral commission of IsI7.
sons OF tn of onJookeIs inside the court was
he pumoett S6O Ever inch of available space
ssrniSlel % l0) men being insl1e or the par.
vas ocTjRnntes before II ocloc1 Gsneias TYP
sd Cap.a.ITn the private sta rWay entered
ne came ~ m r, halls Cnice. Captain BLACK
,brO1gn ~ and worried as usual His hsir has
looEed Pc sI rsnIdIy these last few weeks. zen.
Fh vii sISor also seemed ran nervous, as was
srsI ft' on his fTst appearance
before s IL CHE! Justice Wsite announced
pisi 0 S 1T was ready q tske up tho case.
tbs! 1le .baTe va. q hnsh m the cnurt-rOom
At ohC1 OF almost br hess silence'Ien-
tldB M ornse I'D state ulS connec Ion
I'D besS use. that he repr esented TWO II me
VIII 1ue 20 An arch!sts ana that his LEAGUE
t'ndeIB3.-.nvSoinh tn ker was ready to open the
JOB h" 1 IN Behalf OF the petition. THEN toi-
Gg u an 5m unit of cous ulta ion about me
I1Nea ba sccorded ,ounsef. attorney General
tae !" VI VI Illinois said that, not Anowipg
Hunt ~, tn, opp sing coun.
the iT,Tnnent nlsht take, he could
"' HOW much time the states counsel
Ios@ req Ire to answeI NJ , c4 tbse hnn "eu
ne ms1s .sIl further Gelay Ar. Tucker arose
IIq 80 -sn hls argument, directing his own
'na IN The uestion Of Jurisdiction raised by
taa,"Sniicstion for the witt o. error Ar. Iucker
81
so,sd his argument at ~ "n Gere "Sg
tolo or ti-day g. ni>ted his brief, which will
fHUtt bs nI7ce Of oral arEuneD-s morrow
aaT .,,1Hn1ent,Igili probably be finished End the
DC sngsysn 10 the cou for decision. Ihere IS
essg 10 be 1T le hope for the condemned,
IloLt tnpiT counsel fgh ing on what they think
sboueless case. .-,,,..,
1-,su,vrTON. Oct. - the anticipation Of
.rrnmsnt before the United States supreme
1T n. day upon III petition Ter wris OF error
:" the chicago anarchist case, attracted TO the
~ 'ttoI crowd people VINO SCENE 1 "a snG-
Ito gsin admission IT, The court rooms as II
.S.,nsrghi-ts them selves were to be y esent
IN cnaius, and to arSu tnelr own "a . III pee,
~. ~ =, More han g. hour before the court opened
tCe c,rrt 70 m was Oensely pa ked with people
~ mi only occupied ths seSts pro 2lde1 ftr
sncetdors bat enCroach' upon The precinct OF
,5s b,r and stood c,Osely paeGed In the open
snscps on each side of the door OWING 70 OF ner
SPass nccuvyIng their aJten1IB, it was after
oicInck when the Chief Justice announced that
tba court was ready TO hear the motion for
wrlt Of error in the case Spies and others.
ceneTsl r, +. Butter Il ked the cOArt TO allow
Inn one hour and half time tn speaS on be
IN of the prisoners sn1 asked the same a :
vance on benzlf his colleague, Hon j.
R,B1olph Tucker. The court III reupon
grs1ei each side 'hr hours time for oral
Srumant AIT rney General Hunt an Judge
Jujius 5 Grlnnell OF Oh cago appeared On be-
b9lf Of the state of lIlinoi Mr.. Tucker oDep1d
tha arglment in supp )rt of the petition fer
WRIT Of error, touching the jurisdiction OF This
court Tucker said II was OF necessary tor
MIN o show that the a. ton complained OF
IN he court below W actually In violation CT
1bs con. tiluJOT. |. was only nect ssaTy 10
show that conflict had ri EN-, that tn re was
aues ion whether the action compta aimed q
was not repugnSnt GO the constitution. IL YVES
The object. he ssid, Of The statute of 1861 TO give
fee gccess to this court in al cases where there
was question Of & IS kiad. It vas only neces-
ssry to show s conflict TO prove Jurisdiction,
aud Il the court ha1 Jurisdiction then the petit
1'le!s are entitled 30 :be writ as right
NAr Tucker said had cen The policy OF tbs
court TO zeal liber lily with petit ners tor NTTiSs
Of errors ia civil CASE. How much moro
should It d,aI literally with petiLi for Q
wit Of error In a criminal case inVoly rs iseues
OF life and do m, f. the ca where life was
shout to be taken away IN violation OF he con
sutGtOn. Dir. Tucker then carefully analysed
the fourteenth amendment IN an attemvt TO
ascertain the meaning OF the words "due pro
cess OF law"
In c nclusion NJ. Tucker said: owe have q
nghJtO the writ and to be heard on the qUeS
ton Whe her the cons iitutlon mas been violated
IN order to compass the 'nyic ion IL is trua
they are aid 10 be anarchists, II he court
ssss me whether ] have any sympathy wi h
TEEN have only 70 ay that the COurg kno rs
me too well to suppose that have any sympl-
my sith the unn.ppy and mi guided men. But
theg are men and aLe entitled TO the same O.
tecIi)n thai an. ask the cou TO interpose
us shield and gTO5ect the Q men because / may
needit mys It. know no anarchy abr0ad in
ris land which the American psOpie need feaI
except the ana CHI IN the admi UistraIiOn OF
Justice, ] fe r thai anarchy which dOns the
gfmlue OF justice and ministers lynch
Of the land. Whether the prisoners
can be sustained is the OUT stion GU only can
lecilc tter examiua ion OF the RECORD and
h-rns' Strike after you h ar, but don'G Stri g
peiote you hear. pa that cOUrs DON'T strike
SeI yCu hear. ] pray that the court Will
mere ore award this writ, for # 90 not mis-
Ske, Ilere are eyilen es the whole record
m.nL"
Attorney General Hunt then addressed the
Soart IN behalf of the at5 and Ia CppoEition TO
me wit OF error. o warrant the issuance OF
Wis must appear, he enid from he record,
INST lhst t0tre is Fed. raj question inVo yea,
al second, that such que tl0n was raised ana
llIofmed rs ne would lfEe TO be upon the points
NhIeh couLsel for the petitioners Ieiieo
upon In Tie fist part of mis-
asuh;nI M Tuck planted himself
s5uaf5Iy upon the rlghgs inst BELONGED 10 his
S.ieu'' under thu foul. een,h amen meat. but
W .9S latter part he changed e ounds some
anu insisted that he nrst ten amendments
, eIa ceclsra ms # ldiV idual rights snd that
icy were all COMPRISED In tue proVisi ne Of the
LoUr3eenth Ems, dmtnt The ttCrney GeAerAl
E,n n
u'oI.Uhs contained Ia the 6rss ten amend
TVIts 10 Inc constitution are limitations
y. .ae poWe's Of the FEDERAL government and
No. nv upon sts'ee So + SO tho petitioners rely
NJ IN suy Ihing Contained IN those amendments
t soe5 .4a nave 10 stsnding IN this court Tho
~, SSt'seItn amendment is equally foreign 10
,I ny IIghI or immunity here claimed by petit
s sSSseLs Inc fourteenth amendment declares
,b.II ' .s saall Ike or eGfo ce any law which
s,tI Suiiuge he oIii eyes or immur lily OF the
SS.r.;n OF me United states, nor shall state
SspLlNe any person of life, liberty or property
, Ss.enoaI Que PFC Hss Of law The record will
i,w 1uSL tae complaint does rot state that q
Iu Oelng enforced which dt prives the pc
h ny, OF any OF the ivieges Of that section
rcnH aley are deprived OF ther rigAts by an ef
nnor 0u' conslruc ion of tie law, placed
cS[ ~ W oy the trial IN the
Gd cot claim in the supreme court + the state
nnu. wy Iiinols act Of October, 1874, WAC re-
f|susHt - The Constitution, treaties or Jhi
TN -. me nited states, Tor that The aHthoK
ma, ~ .ne court was exercised under it, bp'
tbo re, .1e ses was c, Institutional and valid 2lE
, Fs Vo4ft exercised it, power In violation &.
ro1.,s Jaw. The petitioners were triei in th'
staf.Su u tne state under the lass of thi
Iti liz anu mat constitutes due process of Lao
m,sb ~; msteIiai ina This or another coHf
Dnss - ,'. nave ruled differently under the 4ak
h All hp'osesS OF law means the law Of the Ign q
in Vase Ease OF Press3r VS.. the State of IIlsSsSs
rsi,eS S'e On lss5, the federal quesEeo2 wa